Legal Question in Wills and Trusts in Florida
My father recently passed and now my uncle is trying to force me to sell his house and property he ha no known will is this legal
4 Answers from Attorneys
Without a will the property and other assets transfer by statutory succession to the lineal descendants. You need to probate the Estate to clear title in the name of the descendants. You cannot just sell the house until it is in your name.
The will needs to be probated.
The next steps would be determined by the heirs.
The answer depends on if he was married and how many children.
Your best bet is to hire a probate attorney to assist.
His estate should go to probate. A Personal Representative will be appointed to collect the assets, pay creditors and distribute the estate pursuant to Florida Intestacy Laws. Good luck.
Your uncle has no standing and cannot force you to do anything. The property, without a will, goes to the children of the father or to your mother if they are still married and then 1/2 to the children. If I can be of assistance please contact my office. so sorry for your loss.
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